Fill and Sign the Memorandum of Agreement Federal Highway Administration Form

Page 1 of 2 RIGHT OF WAY AND EASEMENT AGREEMENT (For Communication System Along Existing Pipeline Easement) STATE: COUNTY: This Right of Way and Easement Agreement is dated _____. It is between _____, whose mailing address is _____ (the “Grantor”), and _____, whose mailing address is _____, its successors and assigns (the “Grantee”). For valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor grants, sells, and conveys to Grantee, its successors and assigns, the perpetual rights, privilege, and easement of right of way (the “Easement”), together with all improve ments, to locate, survey, construct, maintain, inspect, operate, protect, repair, alter, replace , relocate, establish, lay, install, test, substitute, renew, reconstruct, restore, abandon, and remove a communications system(s) together with all necessary conduits, cables, wires, underground splicing boxes, and any other appurtenances, at any time or times for the transmission of dat a or communications for and by others, along, through, and across the existing right of way held by Grantee within the following land (the “Property”) located in _____County, _____: (Description of Property) together with the right of ingress and egress along the Easement and Right of Way, and the right to use gates and existing roads for the stated purposes. Grantee shall repair any damage ca used to gates or roads from its use. The communications system(s) shall be installed across the Property, and the easement shall be limited to the area on the Property within the Grantee’s existing pipel ine right of way, as located on the Property as of the date of this Agreement. The exact location of the Easement conveyed by this Agreement shall be determined by the installation of Grantee’s communic ation system(s), and the Easement shall extend for five feet (5’) on each side of the cente rline of the first working communications system installed. During construction and maintenance operations, Grantee may utilize, if necessary or desirable, the adjacent lands withi n the existing Grantee’s pipeline right of way as temporary workspace. Grantee shall restore the surface of the Easement and temporary Easement as nearl y as reasonably practical to its original grade and level after performing any construction or other work that disturbs the surface. Grantee shall cause reasonable payment to be made for ac tual damages to crops, timber, and improvements of Grantor directly resulting from the exercise , now or in the future, of the rights granted. Grantee shall not be liable for damages caused t o trees, undergrowth, and brush removed from the Easement by Grantee after a communication system has been constructed. No rights reserved to Grantor shall be deemed to expand rights reserved to Grantor under any other easement. No limitation in this Agreement limiting the Grantee, shal l be deemed to Page 2 of 2 limit rights previously granted by Grantor or its predecessors in interest under any other easement.The terms and provisions of this Agreement shall constitute covenants running with the land and shall be binding on and inure to the benefit of Grantor and Grantee, and, their successors, assigns, personal representatives, and heirs. This instrument fully sets forth the terms and conditions of the Agreement. There are no oral or other written agreements between Grantor and Grantee that modify, alter, or am end this Agreement. Grantee shall have the right to assign or transfer, without limitation, all or any part of the perpetual right, privilege, easement and Right of Way granted by this Agreement. Grantor covenants that Grantor has the right to convey the Easement, including the rights and privileges set forth in this Agreement, that Grantee shall have the quiet and pe aceable possession, use, and enjoyment of the granted Easement; and, that Grantor shall execute a ll further assurances as may be required. This Agreement is dated the day and year first above written, but is effective _____, the “Effective Date.” Grantor (Acknowledgment)